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No longer an offence?....
brokegirl68
Posts: 5 Forumite
I wrote to barclaycard in August 2012 asking for a copy of my credit agreements with them as part of SEction 78 of the Consumer Credit Act and I asked for them to respond within a certain time frame (think I got the basis for the letter from this site).
However, they finally responded on 1st February 2013 stating:
...Section 78 (6) (b) was repealed on the 31st May 2008. It is now no longer an offence for a creditor to faiil to comply with the s78(6) for more than one month.
Is this correct?
Also they sent my T&C (not the original just a printed version) and did not include any agreements as per my request in August. What cna I do now?
However, they finally responded on 1st February 2013 stating:
...Section 78 (6) (b) was repealed on the 31st May 2008. It is now no longer an offence for a creditor to faiil to comply with the s78(6) for more than one month.
Is this correct?
Also they sent my T&C (not the original just a printed version) and did not include any agreements as per my request in August. What cna I do now?
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Comments
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They dont have to send you the original. They can use a reconstituted copy (i.e. a printed version).
Why were you asking for the agreement? As it is barclaycard that would suggest it is likely a credit card. If it is a credit card then you can see quite clearly if you have PPI or not. The agreement wont help you in a mis-sale complaint. So, why did you need it?I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.0 -
They dont need to send the original, they can send a reconstituted version plus any T&C's changes from inception till current day.0
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brokegirl68 wrote: »I wrote to barclaycard in August 2012 asking for a copy of my credit agreements with them as part of SEction 78 of the Consumer Credit Act and I asked for them to respond within a certain time frame (think I got the basis for the letter from this site).
However, they finally responded on 1st February 2013 stating:
...Section 78 (6) (b) was repealed on the 31st May 2008. It is now no longer an offence for a creditor to faiil to comply with the s78(6) for more than one month.
Is this correct?
No, that is incorrect. It was infact repealed 26th May 2008
http://www.legislation.gov.uk/ukpga/1974/39/section/780 -
They dont have to send you the original. They can use a reconstituted copy (i.e. a printed version).
Why were you asking for the agreement? As it is barclaycard that would suggest it is likely a credit card. If it is a credit card then you can see quite clearly if you have PPI or not. The agreement wont help you in a mis-sale complaint. So, why did you need it?
is it not my right to request it? (that's a rhetorical question (look it up if you're confused)).
It is my business as to why I wanted it.
I thought that this was a 'help' Forum. Clearly not...more like Sarcasm Forum.0 -
brokegirl68 wrote: »is it not my right to request it? (that's a rhetorical question (look it up if you're confused)).
It is my business as to why I wanted it.
I thought that this was a 'help' Forum. Clearly not...more like Sarcasm Forum.
Seeing as you were the only one being sarcastic, that is a little ironic. People wont help you with your attitude.I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.0 -
They dont have to send you the original. They can use a reconstituted copy (i.e. a printed version).
Why were you asking for the agreement? As it is barclaycard that would suggest it is likely a credit card. If it is a credit card then you can see quite clearly if you have PPI or not. The agreement wont help you in a mis-sale complaint. So, why did you need it?
Playing the unenforceable game?
http://www.bbc.co.uk/news/business-133492390 -
Playing the unenforceable game?
http://www.bbc.co.uk/news/business-13349239
You are possibly right. It would also explain the defensive nature and rudeness of the OP. After all, trying to use a loophole to dump your debts is immoral and bad character.I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.0 -
You don't need your credit agreement to complain that you were missold PPI. They don't have to give them to you for closed accounts.
You are confusing a SAR and a request for a credit agreement if you gave them a certain amount of time to respond.Non me fac calcitrare tuum culi0 -
brokegirl68 wrote: »is it not my right to request it? (that's a rhetorical question (look it up if you're confused)).
It is my business as to why I wanted it.
I thought that this was a 'help' Forum. Clearly not...more like Sarcasm Forum.
With that attitude, may I suggest you go elsewhere and pay for advice.
Youre gonna get nowhere fast on here missus.......make the most of it, we are only here for the weekend.
and we will never, ever return.0
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